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r 2Ga- 03 ~ J <br />`~ 08-319-1 <br />AGREEMENT <br />Agreement made and entered into this g~ day of Jv L Y , <br />1988, by and between MATERIAL SERVICE CORPORATION, a Delaware <br />corporation (Freeman United Coal Mining Company, Division of <br />Material Service Corporation) ("Freeman"), and PEABODY COAL <br />COMPANY, a Delaware corporation ("Peabody"). <br />RECITALS: <br />A. Freeman and Peabody are parties to a certain Sublease of <br />Coal Leases (United States Preference Right Coal Leases) dated <br />May 22. 1975 ("Federal Leases-Sublease") and to a certain <br />Sublease of Coal Leases dated March 25, 1975 ("Private Leases- <br />Sublease"). <br />B. Freeman desire's to assign to Peabody all of Freeman's <br />right, title and interest to the leaseholds that are subject to <br />the described Subleases and to terminate these Subleases. <br />C. Peabody desires to accept such assignment from Freeman <br />and to terminate these Subleases. <br />In consideration of the Recitals, the payments and covenants <br />hereinafter set forth, Freeman and Peabody agree as follows: <br />1. Freeman agrees to assign and transfer to Peabody, try <br />means of an Assignment of Leases, in the form of the in~truncnt <br />attached hereto as Exhibit "A" and made part hereof, on the <br />Closing Date hereinafter set forth, all of Freeman's right, t,tlc <br />and interest in and to ttic lcasetiolds described in the Exhibit <br />"A" Assignment of Leases. <br />